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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 6204PLANNING COMMISSION RESOLUTION NO. 6204 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE A 5.31-ACRE SITE 3 CURRENTLY APPROVED FOR SEVEN NONRESIDENTIAL BUILDINGS INTO 13 AIRSPACE NONRESIDENTIAL 4 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED c ALONG THE NORTH SIDE OF LIONSHEAD AVENUE AND WEST OF EAGLE DRIVE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 18. CASE NAME: OPUS POINT LOTS 23 AND 24 7 CASE NO.: CT 06-10 g WHEREAS, Hofman Planning Associates, "Applicant," has filed a verified 9 application with the City of Carlsbad regarding property owned by Opus West Corporation, 10 "Owner," described as11 12 Lot 23 Carlsbad Tract No. 98-10 Carlsbad Raceway, according to map thereof No. 15013, in the City of Carlsbad, County of 13 San Diego, State of California, filed in the Office of the County Recorder of San Diego County on May 3, 2005, as file 14 No. 2005-371022 of official records 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "E" dated December 6, 2006, on file in the Planning18 19 Department, OPUS POINT LOTS 23 AND 24 - CT 06-10, as provided by Chapter 20.12 of 20 the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 6th day of December, 2006, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors £-J 2ft relating to the Tentative Tract Map. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ™ Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES OPUS POINT LOTS 23 AND 24 - CT 06-10, based on the following findings and subject to the following conditions: 3 Findings;4 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 5 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 proposed subdivision complies with all minimum requirements of Title 20 and has been designed to comply with the Nonresidential Planned Development Ordinance, ° and the Planned Industrial (P-M) Zone development standards. 9 2. That the proposed project is compatible with the surrounding future land uses since 10 surrounding properties are designated for Planned Industrial development on the General Plan, in that surrounding properties have a General Plan Land Use 11 designation of Planned Industrial (P-M) and have been developed as such. 12 3. That the site is physically suitable for the type and density of the development since the - site is adequate in size and shape to accommodate industrial development, in that the project complies with all development standards and public facilities requirements 14 without the need for variances from the development standards. 15 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 1 ° public at large, for access through or use of property within the proposed subdivision, in 1 _ that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. 18 5. That the property is not subject to a contract entered into pursuant to the Land 19 Conservation Act of 1965 (Williamson Act). 20 6. The Planning Director has determined: 21 a. That the project is a project for which a Mitigated Negative Declaration was 22 previously adopted [ 15162]. 23 b. This project is consistent with the project/plan cited above. 24 c. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program GPA 98-05/ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01 - Carlsbad 2-> Raceway Business Park was adopted in connection with the prior project or plan. 96 d. The project has no new significant environmental effect not analyzed as 27 significant in the prior Mitigated Negative Declaration. 28 PC RESO NO. 6204 -2- e. None of the circumstances requiring a Subsequent Mitigated Negative 2 Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 3 7. That the design of the subdivision provides, to the extent feasible, for future passive or 4 natural heating or cooling opportunities in the subdivision, in that the structures are oriented in a manner that allows for adequate building separations to allow for solar exposure and to take advantage of prevailing breezes. 8. That the design of the subdivision and improvements are not likely to cause substantial 7 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the site is developed and no natural resources exist on the site. 8 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has JQ been designed in accordance with, and conditioned to comply with, the National Pollution Discharge Elimination System Standards to prevent any discharge 11 violations. 12 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in13the staff report dated December 6,2006, including, but not limited to, the following: 14 a. Land Use - The proposed office/industrial uses are consistent with the 15 Planned Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site. 16 b. Circulation - All the public infrastructure necessary to serve the project will be constructed in accordance with City standards. 18 c. Noise - The project is not significantly impacted by roadway noise from 19 Palomar Airport Road or from noise from the operation of McClellan- Palomar Airport. 20 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 21 Facilities Management Plan for Zone 18, and all City public facility policies and „ ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 23 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 24 project, will be installed to serve new development prior to or concurrent with need. Specifically, £-3 26 a. The project has been conditioned to provide proof from the Vista School District that the project has satisfied its obligation for school facilities. 27 12. The project has been conditioned to pay any increase in public facility fee, or new 28 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to PC RESO NO. 6204 -3- Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 2 public facilities and will mitigate any cumulative impacts created by the project. 3 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 18. 4 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. 7 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 8 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 12 1. If any of the following conditions fail to occur, or if they are, by their terms, to be ^ implemented and maintained over time, if any of such conditions fail to be so 14 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 15 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 18 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 19 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 23 _. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 25 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 26 unless the City Council determines that the project without the condition complies with all requirements of law.27 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PCRESONO. 6204 -4- representatives, from and against any and all liabilities, losses, damages, demands, claims 2 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 3 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 4 (c) Developer/Operator's installation and operation of the facility permitted hereby, <- including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 6 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 9 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 10 Director from the Carlsbad Unified School Districts that this project has satisfied its obligation to provide school facilities. 12 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to 13 that Plan prior to the issuance of building permits. 14 9. Building permits will not be issued for this project unless the local agency providing .<- water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 16 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 17 shall be placed on the Final Map. 18 10. Developer shall establish an owner's association and corresponding covenants, 19 conditions, and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately 20 address maintenance of all common landscape areas, employee eating areas, and paved access and parking areas. Prior to recordation of the final map, the Developer shall provide the Planning Department with a draft copy of the CC&Rs. The approved 22 CC&Rs shall be recorded concurrently with the final map. At a minimum, the CC&Rs shall contain the following provisions: 23 a. General Enforcement by the City. The City shall have the right, but not the 24 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 26 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 27 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record.28 PC RESO NO. 6204 -5- c. Failure of Association to Maintain Common Area Lots and Easements. In the event 2 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 3 City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 4 Association, with a copy thereof to the Owners in the Project, setting forth with t- particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 6 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 7 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 9 d. Special Assessments Levied by the City. In the event the City has performed the 10 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's j2 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 13 full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 14 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount 16 equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or 17 in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment 1 ° against the Owners of each Lot in the Project for an equal prorata share of the invoice, i o plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is 20 levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring 21 all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 23 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner 24 landscape maintenance responsibilities shall be as set forth in Exhibits "I" and "J" of PIP 05-18.25 26 f The location and size of all employee eating areas, parking areas, and landscaped areas within the project as shown on Exhibit "A" of CT 06-10, shall 27 not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. 28 PC RESO NO. 6204 • -6- 11. This approval is granted subject to the approval of PUD 06-09 and is subject to all 2 conditions contained in Planning Commission Resolution No. 6205 for that other approval incorporated herein by reference. 3 12. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all r interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Nonresidential Planned Development Permit by 6 Resolutions No. 6204 and 6205 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval, as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of 9 good cause by the Developer or successor in interest. 10 13. Prior to recordation of the Final Map, a joint use parking agreement shall be submitted for review and approval by the Planning Director, the City Engineer, and the City Attorney. The agreement shall provide for the following: 12 A. The sharing in perpetuity of all parking and access aisles/driveways onsite, and between all the uses proposed for this project. 13 B. The agreement shall not be modified without the prior written approval of the Planning Director, the City Engineer, and the City Attorney. C. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the Planning Director prior to recordation of a Final Map for the project. 16 14. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 17 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 20 15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 21 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.22 23 16. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 24 17. Tenant improvements for this project are only permitted if the parking provided complies with City ordinance parking requirements (CMC Chapter 21.44) for the mix of uses proposed (office/manufacturing/warehouse). This condition shall be included in the Notice of Restriction in Condition 12 of this permit approval letter. 27 28 PC RESO NO. 6204 -7- Engineering: 2 General 3 18. Project shall comply with all conditions of PIP 05-18, which are incorporated by reference. 19. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 7 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision.8 20. There shall be one Final Map recorded for this project. 10 21. Developer shall cause Owner to waive direct access rights on the Final Map for all lots abutting Lionshead Avenue except for approved locations. Final Map Notes 13 22. Developer shall show on Final Map the net developable acres for each parcel. 14 23. Notes to the following effects shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: 17 1. Public water main, fire hydrants, and appurtenances. 2. Public sewer mains and access holes. 18 , g B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 20 Sewer 21 24. The Developer shall design and construct public sewer facilities within public right-of- way or within minimum 20-foot-wide easements granted to the City of Carlsbad. At the 23 discretion of the District Engineer, wider easements may be required for adequate maintenance, access, and/or joint utility purposes. 24 25. The Developer shall design and construct public sewer facilities substantially as shown 25 on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans.26 27 26. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 28 determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. PC RESO NO. 6204 -8- 27. Prior to final map approval, the buildings with proposed multiple ownership units 2 shall be replumbed to provide separate water service, water meters, and sewer laterals for each separate ownership to the satisfaction of the City Engineer. 3 28. Developer shall execute and record a City standard Water Quality Facilities 4 Maintenance Agreement prior to the approval of final map. 29. Developer shall cause property owner to apply for and obtain reapportionment of 6 the assessments imposed on the subject project in accordance with law governing the associated Faraday/Melrose Assessment District, or the assessments must be 7 paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the application for the final map. 9 Code Reminders 10 The project is subject to all applicable provisions of local ordinances, including but not limited to * * the following: 12 30. The tentative map shall expire twenty-four (24) months from the date this tentative map 13 approval becomes final. 14 31. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 16 of the City Engineer. 17 32. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 1 ° permit issuance, except as otherwise specifically provided herein. 19 33. The project shall comply with the latest nonresidential disabled access requirements 20 pursuant to Title 24 of the State Building Code. 21 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 23 35. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 24 Director prior to installation of such signs. TC 36. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building 2/r permit as required by Chapter 20.44 of the Carlsbad Municipal Code. 27 28 PC RESO NO. 6204 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of December, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: MARTELL B. MONTCOMER^hairperson CARLSBAD PLANNING COMMISSION PEST: DON NEU Assistant Planning Director PC RESO NO. 6204 -10-